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Dan Mitchell practices in the firm’s Litigation Group and Business Law Practice Group. He is also a member of the firm’s Data Security Team.
Dan maintains a diverse civil litigation and trial practice in state and federal courts. He is active in commercial disputes, products liability, broker-customer securities disputes, personal injury and medical malpractice litigation, ERISA and RICO. Dan also represents various defendants in complex asbestos litigation throughout New England.
Dan has represented numerous businesses, individuals and municipalities in Maine and other states in a wide variety of litigated matters and has participated in several class actions. He has tried several cases to verdict and is a member of the board of governors of the Maine Trial Lawyers Association. Dan also represents securities brokerage firms and individual securities industry professionals in investigations by state regulatory agencies and industry regulatory bodies. He has extensive experience with Maine’s Business and Consumer Court docket.
Dan is recognized by Chambers USA for commercial litigation, rated AV by Martindale-Hubbell and listed in Best Lawyers in America.
Prior to joining Bernstein Shur, Dan served as a law clerk to the Honorable David G. Roberts, associate justice of the Maine Supreme Judicial Court. Before attending law school, Dan spent five years on the professional staff of U.S. Senator John H. Chafee (R-RI).
Dan represented Patco Construction Company in its successful appeal before the First Circuit Court of Appeals in Patco Construction Co., Inc. v. People’s United Bank, 684 F.3d 197 (1st. Cir. 2012). The decision broke new ground on how courts should evaluate the commercial reasonableness of internet banking security procedures under Article 4A of the Uniform Commercial Code. Dan was quoted in the National Law Journal article “Revived Suit Over Bank Security Measures Potentially Opens Door to More Cases” regarding the First Circuit’s Decision.
Some of Dan’s reported cases include: Patco Construction Co., Inc. v. People’s United Bank, 684 F.3d 197 (1st. Cir. 2012) (security procedures for electronic banking); MyFreeMedicine.com, LLC v. Alpine Investors, 739 F.Supp.2d 8 (D. Me. 2010) (RICO); New England Surfaces v. DuPont, 558 F.Supp.2d 116 (D. Me. 2008) (attorney’s fees as sanction); Mank v. Green, 350 F.Supp.2d 154 (D. Me. 2004) (ERISA); Abington Constructors v. Madison Paper, 2000 WL 620203 (1st Cir. 2000) (quantum meruit recovery); Tolliver v. Dept. of Transportation, 948 A.2d 1223 (Me. 2008) (discretionary function immunity); and North Sebago Shores, LLC v. Mazzaglia, 926 A.2d 728 (Me. 2007) (scope of a beach easement).
JD, University of Maine School of Law, 1996, magna cum laude. Member, Maine Law Review
BA, University of Rhode Island, 1989
Admitted to practice:
States of Maine, New Hampshire and Massachusetts
U.S. District Court, Districts of Maine, Massachusetts and New Hampshire
U.S. Court of Appeals, First Circuit and Federal Circuit
Maine Bar Association
Maine Trial Lawyers Association, Board of Governors
New Hampshire Bar Association
Maine Fee Arbitration Commission, Member
Catholic Foundation of Maine, Board of Directors
Brown Elementary School Junior Achievement Volunteer since 1999